June 23, 1998

Mr. Thomas Lawler

Clerk, Superior Court

Gwinnett Judicial Circuit

Post Office Box 880

Lawrenceville, Georgia 30046-0880

RE:	A98D0173 .	Joseph C. Sun v. Marites E. Sun

Dear Mr. Lawler :

Enclosed please find a copy of the remittitur from the Supreme Court of Georgia which was issued to the Court of Appeals in denying the application for certiorari filed by Mr. Joseph C. Sun. Additionally, please find a copy of the order of the Court of Appeals denying the discretionary application filed by Mr. Sun, in which the order was issued January 29, 1998.

The Court of Appeals does not issue a remittitur in a situation with an application. By denying the application, the Court of Appeals declines to accept jurisdiction of the matter. The purpose of the remittitur is to return jurisdiction to the trial court. Since the Court of Appeals never accepted jurisdiction in the matter, there is no need to return jurisdiction to the trial court.

Mr. Sun had indicated that he was unable to proceed with matters pending in the trial court because a remittitur had not come back from the Court of Appeals to Gwinnett Superior Court. Please be advised, that no remittitur is issued from the Court of Appeals on the denial of an application.

If you have any questions about this matter, please do not hesitate to contact me.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

Enclosures

cc: Mr. Joseph C. Sun